1 | 1 | | |
---|
2 | 2 | | HB0147a -1- HB 147 |
---|
3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
4 | 4 | | |
---|
5 | 5 | | 34-LS0136\G |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | |
---|
11 | 11 | | HOUSE BILL NO. 147 |
---|
12 | 12 | | |
---|
13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
---|
14 | 14 | | |
---|
15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
---|
16 | 16 | | |
---|
17 | 17 | | BY REPRESENTATIVE PRAX |
---|
18 | 18 | | |
---|
19 | 19 | | Introduced: 3/21/25 |
---|
20 | 20 | | Referred: Health and Social Services, Labor and Commerce, Finance |
---|
21 | 21 | | |
---|
22 | 22 | | |
---|
23 | 23 | | A BILL |
---|
24 | 24 | | |
---|
25 | 25 | | FOR AN ACT ENTITLED |
---|
26 | 26 | | |
---|
27 | 27 | | "An Act relating to the practice of naturopathy." 1 |
---|
28 | 28 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
---|
29 | 29 | | * Section 1. AS 08.45 is amended by adding new sections to read: 3 |
---|
30 | 30 | | Sec. 08.45.033. Issuance of temporary endorsement. (a) The department 4 |
---|
31 | 31 | | shall issue a temporary endorsement to a naturopath licensed under this chapter if the 5 |
---|
32 | 32 | | licensee pays the application fee and furnishes evidence satisfactory to the department 6 |
---|
33 | 33 | | that the licensee 7 |
---|
34 | 34 | | (1) passed the elective pharmacology examination portion of the 8 |
---|
35 | 35 | | Naturopathic Physicians Licensing Examination or another equivalent examination 9 |
---|
36 | 36 | | approved by the department; and 10 |
---|
37 | 37 | | (2) meets other applicable requirements established by the department 11 |
---|
38 | 38 | | in regulation. 12 |
---|
39 | 39 | | (b) A naturopath who holds a valid temporary endorsement issued under (a) of 13 |
---|
40 | 40 | | this section and is supervised as required under (c) of this section may prescribe and 14 |
---|
41 | 41 | | administer prescription drugs for preventive and therapeutic purposes, except as 15 34-LS0136\G |
---|
42 | 42 | | HB 147 -2- HB0147a |
---|
43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
44 | 44 | | |
---|
45 | 45 | | provided in AS 08.45.050. 1 |
---|
46 | 46 | | (c) A supervising physician shall review the prescription and administration of 2 |
---|
47 | 47 | | drugs performed under (b) of this section by a naturopath holding a temporary 3 |
---|
48 | 48 | | endorsement. The supervising physician shall evaluate and provide feedback to the 4 |
---|
49 | 49 | | naturopath on the naturopath's ability to prescribe and administer drugs under (b) of 5 |
---|
50 | 50 | | this section safely and in compliance with the law. 6 |
---|
51 | 51 | | (d) A physician who holds a valid license under AS 08.64 may supervise a 7 |
---|
52 | 52 | | naturopath under (c) of this section if the physician 8 |
---|
53 | 53 | | (1) has been prescribing and administering prescription drugs for five 9 |
---|
54 | 54 | | or more years; and 10 |
---|
55 | 55 | | (2) documents the arrangement between the physician and the 11 |
---|
56 | 56 | | naturopath on a form established by the department in regulation. 12 |
---|
57 | 57 | | (e) Unless additional supervision is required by the department, after a 13 |
---|
58 | 58 | | naturopath has been supervised under (c) of this section for one year, the supervising 14 |
---|
59 | 59 | | physician shall submit a report to the department recommending that the department 15 |
---|
60 | 60 | | issue an endorsement to the naturopath, require the naturopath to receive further 16 |
---|
61 | 61 | | supervision, or deny the naturopath an endorsement. A temporary endorsement 17 |
---|
62 | 62 | | terminates on the date the naturopath is issued or denied an endorsement under 18 |
---|
63 | 63 | | AS 08.45.034. 19 |
---|
64 | 64 | | Sec. 08.45.034. Issuance of endorsement. (a) Upon receiving a 20 |
---|
65 | 65 | | recommendation that a naturopath be issued or denied an endorsement under 21 |
---|
66 | 66 | | AS 08.45.033(e), the department shall issue or deny an endorsement to a naturopath 22 |
---|
67 | 67 | | licensed under this chapter. Upon receiving a recommendation that a naturopath 23 |
---|
68 | 68 | | requires further supervision under AS 08.45.033(e), the department may issue or deny 24 |
---|
69 | 69 | | an endorsement to a naturopath licensed under this chapter or require the naturopath to 25 |
---|
70 | 70 | | receive further supervision. 26 |
---|
71 | 71 | | (b) A naturopath licensed under this chapter who holds a valid endorsement 27 |
---|
72 | 72 | | issued under this section may prescribe and administer prescription drugs for 28 |
---|
73 | 73 | | preventive and therapeutic purposes, except as provided in AS 08.45.050. 29 |
---|
74 | 74 | | * Sec. 2. AS 08.45 is amended by adding new sections to read: 30 |
---|
75 | 75 | | Sec. 08.45.037. Continuing education requirements. |
---|
76 | 76 | | (a) The department 31 34-LS0136\G |
---|
77 | 77 | | HB0147a -3- HB 147 |
---|
78 | 78 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
79 | 79 | | |
---|
80 | 80 | | shall promote a high degree of competence in the practice of naturopathy in the state 1 |
---|
81 | 81 | | by requiring every naturopath licensed under this chapter to fulfill continuing 2 |
---|
82 | 82 | | education requirements. 3 |
---|
83 | 83 | | (b) Before a license may be renewed, a naturopath licensed under this chapter 4 |
---|
84 | 84 | | shall submit evidence to the department that continuing education requirements 5 |
---|
85 | 85 | | prescribed by regulations adopted by the department have been met. Continuing 6 |
---|
86 | 86 | | education requirements must be completed during the 24-month period immediately 7 |
---|
87 | 87 | | preceding the application for renewal and include 60 hours of continuing education 8 |
---|
88 | 88 | | approved by the department, at least 20 hours of which must be on the subject of 9 |
---|
89 | 89 | | pharmacotherapy. 10 |
---|
90 | 90 | | (c) The department may exempt a naturopath licensed under this chapter from 11 |
---|
91 | 91 | | the requirements of (b) of this section upon an application by the naturopath giving 12 |
---|
92 | 92 | | evidence satisfactory to the department that the naturopath is unable to comply with 13 |
---|
93 | 93 | | the requirements because of extenuating circumstances. However, the department may 14 |
---|
94 | 94 | | not exempt a naturopath from more than 15 hours of continuing education in a four-15 |
---|
95 | 95 | | year period. 16 |
---|
96 | 96 | | Sec. 08.45.038. Standards for license renewal. The department shall renew a 17 |
---|
97 | 97 | | license issued under this chapter to a licensee who 18 |
---|
98 | 98 | | (1) applies on a form provided by the department and pays the required 19 |
---|
99 | 99 | | fee; 20 |
---|
100 | 100 | | (2) meets the continuing education requirements established under 21 |
---|
101 | 101 | | AS 08.45.037; 22 |
---|
102 | 102 | | (3) has not been convicted of, or pled guilty or no contest to, a crime 23 |
---|
103 | 103 | | that adversely reflects on the licensee's ability or competency to practice as a 24 |
---|
104 | 104 | | naturopath or that jeopardizes the safety or well-being of a patient; and 25 |
---|
105 | 105 | | (4) has a current cardiopulmonary resuscitation certification. 26 |
---|
106 | 106 | | * Sec. 3. AS 08.45.050 is amended to read: 27 |
---|
107 | 107 | | Sec. 08.45.050. Restrictions on practice of naturopathy. A person who 28 |
---|
108 | 108 | | practices naturopathy may not 29 |
---|
109 | 109 | | (1) give, prescribe, or recommend in the practice 30 |
---|
110 | 110 | | (A) a prescription drug, except as authorized by an 31 34-LS0136\G |
---|
111 | 111 | | HB 147 -4- HB0147a |
---|
112 | 112 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
113 | 113 | | |
---|
114 | 114 | | endorsement issued under AS 08.45.033 or 08.45.034; 1 |
---|
115 | 115 | | (B) a controlled substance; 2 |
---|
116 | 116 | | (C) a poison; 3 |
---|
117 | 117 | | (D) a cancer chemotherapeutic drug; or 4 |
---|
118 | 118 | | (E) an antipsychotic drug; 5 |
---|
119 | 119 | | (2) engage in surgery; 6 |
---|
120 | 120 | | (3) use the word "physician" in the person's title; 7 |
---|
121 | 121 | | (4) administer therapeutic ionizing radiation or radioactive 8 |
---|
122 | 122 | | substances. 9 |
---|
123 | 123 | | * Sec. 4. AS 08.45.060 is amended to read: 10 |
---|
124 | 124 | | Sec. 08.45.060. Grounds for disciplinary sanctions [SUSPENSION, 11 |
---|
125 | 125 | | REVOCATION, OR REFUSAL TO ISSUE A LICENSE]. The department may, 12 |
---|
126 | 126 | | after a hearing, impose a disciplinary sanction on a person licensed under this chapter 13 |
---|
127 | 127 | | when the department finds that the licensee 14 |
---|
128 | 128 | | (1) secured a license or endorsement through deceit, fraud, or 15 |
---|
129 | 129 | | intentional misrepresentation; 16 |
---|
130 | 130 | | (2) engaged in deceit, fraud, or intentional misrepresentation in the 17 |
---|
131 | 131 | | course of providing professional services or engaging in professional activities; 18 |
---|
132 | 132 | | (3) advertised professional services in a false or misleading manner; 19 |
---|
133 | 133 | | (4) has been convicted of a felony or other crime that affects the 20 |
---|
134 | 134 | | licensee's ability to continue to practice competently and safely; 21 |
---|
135 | 135 | | (5) failed to comply with this chapter, with a regulation adopted under 22 |
---|
136 | 136 | | this chapter, or with an order of the department; 23 |
---|
137 | 137 | | (6) continued to practice after becoming unfit due to 24 |
---|
138 | 138 | | (A) professional incompetence; 25 |
---|
139 | 139 | | (B) addiction or severe dependency on alcohol or a drug that 26 |
---|
140 | 140 | | impairs the licensee's ability to practice safely; 27 |
---|
141 | 141 | | (C) physical or mental disability; 28 |
---|
142 | 142 | | (7) engaged in lewd or immoral conduct in connection with the 29 |
---|
143 | 143 | | delivery of professional service to patients. 30 |
---|
144 | 144 | | * Sec. 5. AS 08.45.070(a) is amended to read: 31 34-LS0136\G |
---|
145 | 145 | | HB0147a -5- HB 147 |
---|
146 | 146 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
147 | 147 | | |
---|
148 | 148 | | (a) When the department [IT] finds that a licensee under this chapter has 1 |
---|
149 | 149 | | violated AS 08.45.040 - 08.45.050 or is guilty of an offense under AS 08.45.060, the 2 |
---|
150 | 150 | | department may impose the following sanctions singly or in combination: 3 |
---|
151 | 151 | | (1) permanently revoke the license to practice or endorsement held 4 |
---|
152 | 152 | | by the licensee; 5 |
---|
153 | 153 | | (2) suspend the license to practice or endorsement held by the 6 |
---|
154 | 154 | | licensee for a determinate period of time; 7 |
---|
155 | 155 | | (3) censure the licensee; 8 |
---|
156 | 156 | | (4) issue a letter of reprimand to the licensee; 9 |
---|
157 | 157 | | (5) place the licensee on probationary status and require the licensee to 10 |
---|
158 | 158 | | (A) report regularly to the department on [UPON] matters 11 |
---|
159 | 159 | | involving the basis of probation; 12 |
---|
160 | 160 | | (B) limit practice to those areas prescribed; 13 |
---|
161 | 161 | | (C) continue professional education until a satisfactory degree 14 |
---|
162 | 162 | | of skill has been attained in areas determined by the department to need 15 |
---|
163 | 163 | | improvement; 16 |
---|
164 | 164 | | (6) impose limitations or conditions on the practice of the licensee. 17 |
---|
165 | 165 | | * Sec. 6. AS 08.45.070(c) is amended to read: 18 |
---|
166 | 166 | | (c) The department may summarily suspend a license or endorsement before 19 |
---|
167 | 167 | | final hearing or during the appeals process if the department finds that the licensee 20 |
---|
168 | 168 | | poses a clear and immediate danger to the public health and safety if the licensee 21 |
---|
169 | 169 | | continues to practice. A licensee whose license or endorsement is suspended under 22 |
---|
170 | 170 | | this section is entitled to a hearing conducted by the office of administrative hearings 23 |
---|
171 | 171 | | (AS 44.64.010) not later than seven days after the effective date of the order. The 24 |
---|
172 | 172 | | licensee may appeal the suspension after a hearing to a court of competent jurisdiction. 25 |
---|
173 | 173 | | * Sec. 7. AS 08.45.080 is amended to read: 26 |
---|
174 | 174 | | Sec. 08.45.080. Unlicensed or unendorsed practice a misdemeanor. Except 27 |
---|
175 | 175 | | for a person licensed or authorized under another chapter of this title who 28 |
---|
176 | 176 | | engages in practices for which that person is licensed or authorized under that 29 |
---|
177 | 177 | | chapter, a [A] person who practices naturopathy in the state without a valid license or 30 |
---|
178 | 178 | | who prescribes or administers drugs without a valid endorsement under 31 34-LS0136\G |
---|
179 | 179 | | HB 147 -6- HB0147a |
---|
180 | 180 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
181 | 181 | | |
---|
182 | 182 | | AS 08.45.033 or 08.45.034 [IN VIOLATION OF AS 08.45.010] is guilty of a class A 1 |
---|
183 | 183 | | misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or 2 |
---|
184 | 184 | | by imprisonment for not more than a year, or by both. 3 |
---|
185 | 185 | | * Sec. 8. AS 08.45.090 is amended to read: 4 |
---|
186 | 186 | | Sec. 08.45.090. Fraudulent license or endorsement. A person who obtains or 5 |
---|
187 | 187 | | attempts to obtain a naturopathic license or endorsement by dishonest or fraudulent 6 |
---|
188 | 188 | | means or who forges, counterfeits, or fraudulently alters a naturopathic license or 7 |
---|
189 | 189 | | endorsement is punishable by a fine of not more than $500, or by imprisonment for 8 |
---|
190 | 190 | | not more than six months, or by both. 9 |
---|